Free Motion for Protective Order - District Court of California - California

Case 3:07-cv-02178-W-AJB

Document 22-2

Filed 04/18/2008

Page 1 of 2

1 SEYFARTH SHAW LLP
Samuel T. McAdam (SBN 186084)
2 Brandon R. McKelvey (SBN 217002)

Anthony J. Musante (SBN 252097)
3 400 Capitol Mall, Suite 2350

Sacramento, California 95814-4428
4 Telephone: (916) 448-0159

Facsimile: (916) 558-4839
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Attorneys for Defendants 6 SPHERION ATLANTIC ENTERPRISES LLC
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

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PHILIP J. MARTINET, Individually, On Behalf of All Others Similarly Situated, and on Behalf of the General Public,
Plaintiff,
v.

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) ) ) ) ) ) )

Case No. 07 CV 2178 W (AJB)

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SPHERION ATLANTIC ENTERPRISES LLC, a Delaware Limited Liability
Company; and DOES 1 through 50,

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DEFENDANT SPHERION ATLANTIC ENTERPRISES LLC'S NOTICE OF MOTION AND MOTION FOR A PROTECTIVE ORDER PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26(c)
Date: Time:
May 16, 2008 10:00 a.m. Courtroom: A - First Floor

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inclusive,
Defendant.

Judge:

Hon. Anthony J. Battaglia

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18 TO ALL PARTIES AND THEIR

ATTORNEYS OF RECORD:

19 PLEASE TAKE NOTICE that on May 16, 2008, at 10:00 a.m., or as soon thereafter as
20 the matter may be heard before the Honorable Anthony J. Battaglia, United States District
21 Magistrate Judge, in Courtroom A of

the above-entitled Cour located at 940 Front Street, San

22 Diego, CA 92101-8900, defendant Spherion Atlantic Enterprises, LLC ("Spherion") wil and
23 hereby does move for a protective order pursuant to Federal Rule of

Civil Procedure 26(c), on

24 the grounds that good cause exists for the court to issue an order to protect Spherion from

25 oppression, undue expense, and undue burden which would result if Spherion was required to
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26 respond to class-wide discovery in this lawsuit. Spherion seeks the issuance of a protective order
27 under Rule 26( c) forbidding or prescribing state-wide and/or class-wide discovery plaintiffs have

28 propounded or intend to propound in the future.

DEFENDANT SPHERION ATLANTIC ENTERPRISES LLC'S NOTICE OF MOTION AND MOTION

FOR A PROTECTIVE ORDER PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26(C) SC I 17092503. I /3499 I -000232

Case 3:07-cv-02178-W-AJB

Document 22-2

Filed 04/18/2008

Page 2 of 2

1 This motion is made on the grounds that there is good cause for a protective order
2 prohibiting class-wide discovery because plaintiff cannot make a prima facie showing of the

3 Rule 23 class-action requirements or show that class discovery is likely to substantiate his class
4 allegations. The class-wide discovery that plaintiff

has propounded (and intends to propound)

5 would require a burdensome and oppressive undertaking that would cost Spherion hundreds of
6 thousands of dollars and tens of thousands of man hours. In addition, class-wide discovery
7 plaintiff has propounded violates the privacy rights of thousands of Spherion employees.

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The motion wil be based on this Notice of

Motion and Motion; the Memorandum of
Brandon R. McKelvey, Joan Orzo, Scott Holland,

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Points and Authorities; the declarations of

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Alfredo Echeverria, and Joel Scully and exhibits thereto; the pleadings and papers fied herein;
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and other oral or documentary evidence as the Court deems necessary at the hearing of this
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matter.
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DATED: April 18, 2008

SEYF ARTH SHAW LLP

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BY

S cAdam

Brandon R. McKelvey Anthony J. Musante Attorneys For Defendants SPHERION ATLANTIC ENTERPRISES LLC; SPHERION PACIFIC WORKFORCE LLC

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DEFENDANT SPHERION ATLANTIC ENTERPRISES LLC'S NOTICE OF MOTION

AND MOTION FOR A PROTECTIVE ORDER PURSUANT TO FRCP 36(C)

SCI 17092503.1 /34991-000232 Case No. 07 CV 2178 W (AJB)